Facial Recognition Technology in Licensed Venues: What Queensland Licensees Need to Know

Recent changes to Queensland legislation have provided long-awaited clarity around the use of Facial Recognition Technology (FRT) in licensed venues.

Following a decision by the Australian Privacy Commissioner, the Gaming Machine (Facial Recognition Technology) and Other Legislation Amendment Regulation 2025 is now in effect. These amendments impact venues operating under both the Gaming Machine Act 1991 and the Liquor Act 1992.

For licensees, the message is clear: FRT is permitted for harm minimisation purposes, but its use is tightly controlled.

Below is a practical overview of what has changed and what venues should be doing now.

What has changed?

The amendments authorise but do not mandate the use of FRT in licensed venues for specific harm minimisation purposes.

Importantly:

Licensees do not require patron consent when FRT is used solely to identify individuals who are banned or excluded from a venue
Existing licence conditions or statutory requirements relating to FRT remain unchanged

These changes firmly position FRT as a compliance and harm minimisation tool, not a customer engagement, marketing or analytics system.

When can FRT be used?

FRT may only be used to identify individuals who are:

Subject to a self-exclusion or exclusion direction under the Gaming Machine Act 1991
Subject to a banning order under the Liquor Act 1992
Excluded from the premises or gaming areas by the licensee

Any use outside of these purposes is expressly prohibited, including:

Marketing or customer profiling
Loyalty or rewards programs
Promoting or encouraging gambling or liquor consumption

Privacy and data handling: critical obligations

Although consent is not required for authorised use, strict privacy obligations apply.

Licensees must ensure that:

If a person’s face is scanned and they are not banned or excluded, their biometric data is deleted immediately
Personal or biometric information is not retained or disclosed once a liquor licence ends
All venues, regardless of size, comply with the Privacy Act 1988 and the Australian Privacy Principles (APPs)

Venues with an annual turnover under $3 million must actively opt in to coverage under the Privacy Act via the Office of the Australian Information Commissioner (OAIC). Venues over $3 million are automatically covered.

Signage requirements: no exceptions

Clear and visible signage is mandatory and must be displayed at:

All entrances to the premises
Entrances to gaming machine areas
Near ID scanners (where used)

Signage must:

Clearly state that FRT is in use
Explain the purpose of FRT in plain English
Direct patrons to the venue’s privacy policy (a QR code or link is recommended)

Installation matters

Camera placement is a key compliance risk.

Licensees must ensure FRT systems do not inadvertently capture biometric data from members of the public who are not intending to enter the venue. Poor placement can expose venues to privacy breaches and regulatory scrutiny.

Best practice recommendations

The Office of Liquor and Gaming Regulation (OLGR) strongly encourages licensees to:

Complete a Privacy Impact Assessment (PIA) before installing or upgrading FRT
Regularly review privacy policies and signage
Train staff on the appropriate use of FRT and privacy obligations
Seek independent legal advice before considering any use beyond the authorised scope

If you already have FRT and a PIA in place, now is the time to confirm they are fit for purpose under the updated framework.

Bottom line

FRT can be a powerful harm minimisation tool but only when used correctly.

These legislative amendments provide clarity, not flexibility, around how FRT may be deployed in licensed venues. Licensees should take this opportunity to review existing systems, signage, privacy frameworks and staff training to ensure full alignment with current regulatory expectations.

If you operate a licensed venue, now is the time to confirm your FRT setup is lawful, limited and privacy-compliant.

If you need support reviewing your FRT framework, signage, or Privacy Impact Assessment or you’re unsure whether your current setup meets the new requirements, reach out for advice.